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Can “Actual Bias” Approach to “Evident Partiality” Discourage Post-Award Litigation?
April 30, 2013
It has been nearly 45 years since the Supreme Court of the United States decided theCommonwealth Coatings case (Commonwealth...
April 30, 2013
It has been nearly 45 years since the Supreme Court of the United States decided theCommonwealth Coatings case (Commonwealth...
The Winning “ReInvent Law London” Talk Proposals
April 30, 2013
Larry Bridgesmith "Letting Technology Process and Lawyers Practice" Andrew Burgess "Legal Department as an Evolutionary...
April 30, 2013
Larry Bridgesmith "Letting Technology Process and Lawyers Practice" Andrew Burgess "Legal Department as an Evolutionary...
Beaumont Appeals Court Orders Nonsignatory to Arbitrate Based on Direct-Benefits Estoppel
April 30, 2013
Texas’ Ninth District Court of Appeals in Beaumont has ordered a dispute to arbitration based upon the doctrine of direct-benefits estoppel. In Raymond James Financial Services, Inc. and Timothy Carl Satre v. June Angelina Peveto f/k/a June Strange, No. 09-12-00472-CV (Tex. App. 9th March 28, 2013), John Robert Peveto created a family partnership named JRP Investments, L.P. (“JRPI”) and named himself the managing partner. He then opened an investment account at Raymond James Financial...
April 30, 2013
Texas’ Ninth District Court of Appeals in Beaumont has ordered a dispute to arbitration based upon the doctrine of direct-benefits estoppel. In Raymond James Financial Services, Inc. and Timothy Carl Satre v. June Angelina Peveto f/k/a June Strange, No. 09-12-00472-CV (Tex. App. 9th March 28, 2013), John Robert Peveto created a family partnership named JRP Investments, L.P. (“JRPI”) and named himself the managing partner. He then opened an investment account at Raymond James Financial...
Practical Tips for Mediators
April 30, 2013
I’m not often drawn to practical tips. I once discovered that I am an “activist” learner. This apparently means that...
April 30, 2013
I’m not often drawn to practical tips. I once discovered that I am an “activist” learner. This apparently means that...
Lawyers Are Mining Data for Pricing, Practice Tips, and Predictions
April 30, 2013
The day is here: Big data, loosely defined as the computer analysis of torrents of information to find hidden gems of insight,...
April 30, 2013
The day is here: Big data, loosely defined as the computer analysis of torrents of information to find hidden gems of insight,...
Negotiation Tactics
April 30, 2013
As a mediator, I have conducted over 1,200 mediations and so have seen my share of negotiation tactics. Recently, Keith Lutz posted the more popular ones in a blog post in Negotiation Skills. (http://www.pon.harvard.edu/daily/negotiation-skills-daily/10-hard-bargaining-tactics/print/) The first one is very popular: the initial demand is an extreme one, if not outrageous, and quite unrealistic. The advice is essentially to ignore it: follow your own strategy and do not let that initial demand set the “anchor”...
April 30, 2013
As a mediator, I have conducted over 1,200 mediations and so have seen my share of negotiation tactics. Recently, Keith Lutz posted the more popular ones in a blog post in Negotiation Skills. (http://www.pon.harvard.edu/daily/negotiation-skills-daily/10-hard-bargaining-tactics/print/) The first one is very popular: the initial demand is an extreme one, if not outrageous, and quite unrealistic. The advice is essentially to ignore it: follow your own strategy and do not let that initial demand set the “anchor”...
Fear, Change, and IMI – What To Do When The Rebels Take Over
April 29, 2013
A few years ago, the mediation world was alight with gossip about the proposed launch of IMI, the International Mediation Institute (seewww.IMImediation.org if you have never heard of it). Proponents and opponents in equal measure gathered either to welcome a fresh initiative, or to man the barricades against an attack on cherished turf. The strength of feeling in some quarters was truly remarkable. As these things so often do, the initial furore died down. IMI came into being. Those welcoming...
April 29, 2013
A few years ago, the mediation world was alight with gossip about the proposed launch of IMI, the International Mediation Institute (seewww.IMImediation.org if you have never heard of it). Proponents and opponents in equal measure gathered either to welcome a fresh initiative, or to man the barricades against an attack on cherished turf. The strength of feeling in some quarters was truly remarkable. As these things so often do, the initial furore died down. IMI came into being. Those welcoming...
Signing Arbitration Contracts on Admission to a Nursing Home – Who Is Bound?
April 29, 2013
As our population ages, more and more people are being admitted to nursing homes at or near the end of their lives. But when a person is admitted to a nursing home and they sign a contract agreeing to arbitrate any disputes arising out of the care they receive, should their heirs and the estate be bound by that contract? The situations typically arise when the admitted person has died and the heirs or estate want to bring a tort action against the nursing home. The nursing home moves to compel...
April 29, 2013
As our population ages, more and more people are being admitted to nursing homes at or near the end of their lives. But when a person is admitted to a nursing home and they sign a contract agreeing to arbitrate any disputes arising out of the care they receive, should their heirs and the estate be bound by that contract? The situations typically arise when the admitted person has died and the heirs or estate want to bring a tort action against the nursing home. The nursing home moves to compel...
With Up To 20% of Am Law 200 ‘Badly Weakened,’ Will More Firms Fail?
April 29, 2013
A substantial percentage of the nation's largest law firms enter the sixth year of the Great Recession "badly weakened,"...
April 29, 2013
A substantial percentage of the nation's largest law firms enter the sixth year of the Great Recession "badly weakened,"...
Contributions to Unsuccessful Judicial Race Do Not Constitute Evident Partiality
April 29, 2013
The Third Circuit affirmed a district court decision denying a motion to vacate an arbitration award issued in favor of Pittsburgh Glass Works and PGW Auto Glass and against James Freeman. Freeman had asserted age discrimination claims in federal district court against the respondents after being fired from his job. The parties agreed upon a retired state court judge to arbitrate their dispute. The arbitrator had recently lost an election to the Pennsylvania Supreme Court. Freeman moved to have the award...
April 29, 2013
The Third Circuit affirmed a district court decision denying a motion to vacate an arbitration award issued in favor of Pittsburgh Glass Works and PGW Auto Glass and against James Freeman. Freeman had asserted age discrimination claims in federal district court against the respondents after being fired from his job. The parties agreed upon a retired state court judge to arbitrate their dispute. The arbitrator had recently lost an election to the Pennsylvania Supreme Court. Freeman moved to have the award...
